SUNIL GUPTA SON Vs. STATE OF RAJASTHAN,

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the accused-petitioner seeking quashing of the order dtd. 18/11/2019 passed by the Additional Chief Metropolitan Magistrate No.9, Jaipur Metropolitan, Jaipur in Criminal Case No.1664/2017 titled as 'State Vs Vishnu Prasad and Anr.', whereby, the application filed by the petitioner for permitting the petitioner to renew his passport has been declined.

(2.) The bereft of elaborate details, brief facts for the disposal of the instant petition are that the accused-petitioner is facing a trial for the accusation under Sec. 420, 406 and 120-B of The Indian Penal Code, 1860 and the same is pending in the Court below.

(3.) It is revealing that prior to the aforementioned case, the criminal prosecution came to be launched against the complainant of the above case for offence under Sec. 138 of the Negotiable Instruments Act, 1881 at the behest of the brother-in-law of the petitioner and it is contended that as a counter-blast of the Negotiable Instruments Act case, a false case has been foisted involving the petitioner in the case in hand in which he is seeking permission for renewal of the passport. Passport is a property of an individual which had already been issued in favour of the holder. However, the validity of the passport has now expired and the passport authorities does not renew the passport in view of pendency of a criminal case. The petitioner is a 68 years old person, his daughter Priyanka Gupta is working and residing in Dubai, UAE. The petitioner is also ailing with cardiac problems and a pace maker has also been implanted in his body. He wants to go to Dubai to see his daughter and to get check up of his disease. The petitioner is the permanent resident of Jaiput City having movable and immovable properties here and there is no apprehension that he will flee from the justice or would leave the country permanently. Since the passport authorities are not allowing the request of the petitioner to renew the passport, therefore, the permission has been sought from the Trial Court, but the prayer has been rejected vide order dtd. 18/11/2019, which is under asail before this Court.